Mano Miyan @ Manir Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71539 of 2021 Arising Out of PS. Case No.-181 Year-2021 Thana- PAKARIBARAW District- Nawada ====================================================== 1.

SAMIM MIYAN @ SAMIM KHAN Son of Late Jhule Khan Resident of Village - Bardiha, P.S. - Pakribarawan, District - Nawada. 2.

Anjar Khan @ Anjar Miyan Son of Shamim Miyan @ Shamim Khan Resident of Village - Bardiha, P.S. - Pakribarawan, District - Nawada. 3.

Chand Khan @ Chand Miyan Son of Shamim Miyan @ Shamim Khan Resident of Village - Bardiha, P.S. - Pakribarawan, District - Nawada. 4.

Gore Khan @ Gore Miyan Son of Shamim Miyan @ Shamim Khan Resident of Village - Bardiha, P.S. - Pakribarawan, District - Nawada. 5.

Ahanoj Khan @ Ahanoj Miyan Son of Shamim Miyan @ Shamim Khan Resident of Village - Bardiha, P.S. - Pakribarawan, District - Nawada. 6.

Taimur Khan @ Taimur Miyan Son of Shamim Miyan @ Shamim Khan Resident of Village - Bardiha, P.S. - Pakribarawan, District - Nawada. 7.

Tulla Miyan @ Guljar Khan @ Guljar Mian Son of Shamim Miyan @ Shamim Khan Resident of Village - Bardiha, P.S. - Pakribarawan, District - Nawada.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 11526 of 2022 Arising Out of PS. Case No.-181 Year-2021 Thana- PAKARIBARAW District- Nawada ====================================================== 1.

MANO MIYAN @ MANIR KHAN Son of Salauddin Khan Resident of Village- Bardiha, P.S.- Pakribarawan, District- Nawada. 2.

Gudda Miyan @ Mahib Khan Son of Mano Miyan @ Manir Miyan Resident of Village- Bardiha, P.S.- Pakribarawan, District- Nawada. 3.

Budhwa Miyan @ Mojig Khan Son of Mano Miyan @ Manir Miyan Resident of Village- Bardiha, P.S.- Pakribarawan, District- Nawada. 4.

Baua Miyan @ Taufiq Alam Son of Mano Miyan @ Manir Miyan Resident of Village- Bardiha, P.S.- Pakribarawan, District- Nawada. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

Patna High Court CR. MISC. No.71539 of 2021(3) dt.27-09-2022 2/3 (In CRIMINAL MISCELLANEOUS No. 71539 of 2021) For the Petitioner/s :

Mr. Rajeev Nayan, Advocate For the Opposite Party/s :

Mr. Md. Matloob Rab, APP (In CRIMINAL MISCELLANEOUS No. 11526 of 2022) For the Petitioner/s :

Mr. Rajeev Nayan, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-09-2022 Heard learned counsel for the petitioners and learned APP for the State and perused the case diary. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

It is a case of commission of murder of the deceased, namely, Md. Saddud Miyan.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that there is no eye witness or specific material against the petitioners. He further submits that there is land dispute between the parties and only on the basis of suspicion, the name of the petitioners have been implicated in this case. He further submits that the postmortem report shows that cause of death of the deceased is due to asphyxia due to drowning. Petitioners have clean antecedent.

Learned APP appearing for the State opposed the anticipatory bail.

Patna High Court CR. MISC. No.71539 of 2021(3) dt.27-09-2022 3/3 Considering the aforesaid submissions, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Diwakar Kumar, Judicial Magistrate, Ist Class, Nawada/concerned Court in connection with Pakribarawan P.S. Case No. 181 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T